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Defense alleges misconduct on day before murder trial

WILKES-BARRE - Attorneys for Hazleton murder suspect Eleazar Yisrael are alleging the revelation of blood evidence and surveillance footage shortly before his trial date amounts to prosecutorial misconduct.

Jury selection is slated to begin today for a trial to determine whether Yisrael, 30, fatally shot Samuel Vacante in the back in his Drums home on Aug. 31.Prosecutors allege Yisrael, who was romantically involved with Vacante's wife, tried to clean up the crime scene with bleach before loading the body into Vacante's vehicle and then ditching it in the woods in Penn Forest Township, Carbon County.In a filing Wednesday, defense attorneys Allyson Kacmarski and Mary V. Deady say that although they received about 1,400 pages of discovery documents in April, they didn't receive bullet evidence until last month and didn't get a surveillance video showing Yisrael pumping gas into Vacante's vehicle the night of the slaying until last week.Also last week, prosecutors submitted a pair of camouflage pants seized from Yisrael's home last September to be tested to determine whose blood was on the upper front pant leg, according to the filing. There is "no excuse" for the last-minute test, which will leave the defense no time to get a sample tested by an independent expert, they argued."The defense is significantly prejudiced by the late production of all the evidence outlined above given the lateness it was provided to the defense counsel, especially the (surveillance) video showing (Yisrael) in possession of the victim's car the night the victim disappeared and is believed to have been murdered and the serology report indicating the presence of blood on the defendant's clothing," they wrote.The filing, alleging "prosecutorial misconduct," seeks to have Luzerne County Judge Michael T. Vough preclude prosecutors from using the evidence.Prosecutors did not immediately respond to the filing.Vacante, 52, of 20 Coventry Road, Drums, was initially reported missing by his estranged wife, Lisa, who was seeing Yisrael and staying at his home. The romantic relationship, which began two years before the shooting, led to Samuel Vacante filing for a divorce, which was not yet final.The trial is expected to last about two weeks.